Infertility Bill Wins Surprise Edgar Ok

September 24, 1991|By Hugh Dellios and Harlene Ellin.

For Tamy and Todd Jacobs, and thousands of other infertile couples, Monday ``was the equivalent of a positive pregnancy test.``

The law the Jacobses had just watched Gov. Jim Edgar sign won`t guarantee they`ll conceive their own child, but it will require that Illinois businesses provide insurance so couples like them have access to expensive medical treatment that can help conception.

``It allows us to dream about having a biological child again,`` said Tamy Jacobs, celebrating with dozens of supporters of the Family Building Act after Edgar signed the bill in a crowded playroom at Children`s Memorial Hospital.

``This is far better than any World Series or pennant win,`` agreed her husband Todd, an avid White Sox fan.

Risking the ire of business leaders while trying to patch up a faltering image as a pro-family and pro-women`s rights governor, the Republican Edgar shocked the bill`s supporters, opponents and women`s groups by making Illinois the 10th state to adopt such legislation.

Casting aside talk of low treatment-success rates, burdens on business and threatened court challenges, Edgar said the bill would not constitute just another costly mandate on business, but would be merely an extension of pregnancy coverage.

``This legislation responds compassionately and responsibly to the anguish of infertility experienced by many couples,`` said Edgar, over the wailing of a baby at the North Side ceremony.

``The Illinois General Assembly declared it in the best interests of this state to assist infertile couples in their efforts to bear a child and that pregnancy coverage should not exclude payment for certain types of infertility treatment. I wholeheartedly agree.``

The bill would require companies with over 25 employees to provide coverage for fertility treatments if their policies already cover normal pregnancy costs. Religious organizations and companies large enough to be self-insured are exempt from the law.

That coverage would include four attempts at in vitro fertilization, which can cost up to $8,000 per procedure, and two more attempts for a second child, though many couples opt for cheaper treatments such as fertility drugs. Based on the experience of the other nine states that require such coverage, the increase to the premium of a family on a group plan would be no more than $1.70 a month.

The insurance industry and employers` groups have argued infertility treatments have little chance of success-including just a 20 percent rate for in vitro fertilization-and that it`s unfair to make a majority pay for expensive, chancy treatment for a few.

Members of Resolve, the advocacy group that fought for the bill, said the coverage could benefit up to 85,000 Illinois couples.

Yet, if Edgar risked angering business operators in an effort to shore up his standing with women`s groups, it was only partially successful.

Women`s rights activists joined the bill`s chief advocates in praising Edgar for his decision, but they said the infertility bill will not make up for two earlier bills on the women`s agenda that Edgar vetoed.

One would have required employers to grant unpaid ``family leave`` to workers for pregnancy or other urgent family reasons. The other, to establish ``comparable worth`` pay scales, would have reclassified state jobs to correct what some perceive as a salary system unfair to women.

``You`re kidding. That`s amazing,`` said Kim Villanueva, president of the Illinois chapter of the National Organization for Women, when told of Edgar`s decision. ``I think it`s a positive sign, but we need more than a sign.``

In response, Edgar again defended his record, citing his appointment of women to his Cabinet and signing of laws that protect women against domestic violence and breast cancer. Edgar said family leave is better left to collective bargaining negotiations, and comparable worth bills would break the state`s bank to implement.

``I have supported most of the issues that deal with women,`` he said.

For business groups, Edgar`s signing of the bill was just the latest surprise at the resilience the infertility bill and the advocacy group Resolve showed throughout the legislative process against a powerful industry lobby.

Some officials quietly lamented not working harder against the bill before it passed the General Assembly with no votes to spare last June.

``Unfortunately, it will focus on companies that can least afford the increases in health care costs. Even without this bill, insurance costs are exploding.``

Shattuck and other business leaders claim the new law may conflict with legislation passed last year ordering that no health insurance mandates could be adopted if they didn`t also apply to larger, self-insured groups. They said they were examining whether to mount a legal challenge.

But Erhard Chorle, Edgar`s executive assistant for business regulation, dismissed that concern by reiterating that the new law does not constitute a mandate.

Edgar also signed legislation:

- Extending a statewide moratorium on construction of new hazardous waste incinerators. But, using his amendatory veto, the governor shortened the length of the ban from five years to two.

- Prohibiting employers from refusing to hire or firing a person for using lawful products, such as cigarettes or alcohol, away from the workplace and during nonworking hours. Edgar amended the bill to allow distinctions in health, disability or life insurance policies regarding an employee`s use of those products.

- Increasing the number of children allowed at day-care homes from eight to 12, and at group day-care homes from 12 to 16.